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What Happens if I Refuse a Chemical Test?

The law requires police officers to inform the suspect about the penalties for refusing to take a chemical test. The consequences for chemical test refusal could include any or all of the following:

• You may be charged with a separate crime aside from the DUI offense
• Your driving privileges will be suspended or revoked by the Department of Motor Vehicles (DMV)
• The test refusal can be used as evidence against you in a court of law by showing that you had “consciousness of guilt”.

In most states, the Department of Motor Vehicles will automatically suspend your license once they are notified of your DUI arrest. You only have a limited amount of time in which to contest the suspension at an administrative hearing.

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